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Home / Case Digests / Appellate Division, Fourth Dept. / Fourth Department – Driver’s license revocation: Gullace v. Schroeder

Fourth Department – Driver’s license revocation: Gullace v. Schroeder

New York State Supreme Court, Appellate Division, Fourth Judicial Department

Driver’s license revocation

Refusing chemical test

Gullace v. Schroeder

TP 22-00935

Transferred from Supreme Court, Monroe County

Background: The petitioner commenced an Article 78 proceeding seeking to annul the determination revoking his driver’s license based on his refusal to submit to a chemical test following his arrest for driving while intoxicated. The petitioner was placed in a police vehicle after he was involved in a rear-end collision with another vehicle. The petitioner was taken into custody after exhibiting signs of intoxication but refused to submit to a chemical test.

Ruling: The Appellate Division confirmed. The court held that the determination was supported by substantial evidence. The trooper’s testimony established that the petitioner was temporarily detained on the suspicion of DWI and that detention did not constitute a de facto arrest. Further, the testimony demonstrated that he was warned three times of the consequences of refusing to submit to a chemical test.

David M. Abbatoy Jr., for the Abbatoy Law firm, for the petitioner; Owen Demuth, of the NYS Office of the Attorney General, for the respondent.

Oral argument video

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